Sunday, 18 February 2018

Tips for Selling Your Company



Selling your company can be a wise and lucrative business decision, however, mergers and acquisitions are always complicated endeavors for Texas companies. With the right legal advice and strategy, you can ensure a sale goes through with fewer complications and maximized profits. The following are some tips for selling your business and to discuss your specific situation, call The Weisblatt Law Firm today.

Know Your Goals

You can structure the sale of your business in several ways depending on the specific goals you have, as well as the goals of the buyer. Your sale could leave you with equity in the business, stock options, cash, or a combination of assets. In some cases, sellers keep some management rights, stockholder rights, or become a board member of the corporation. Depending on what you want your role and payment form to be, you can negotiate all of these aspects of the sale. First, however, you must determine exactly what your goals are and our business attorneys can help you weigh your options.

Prepare Before Finding a Buyer

Selling a business quickly can hurt your purchase price as you may not have everything prepared to attract the right potential buyers. If you take time to improve your financial records, customer base, business structure, and more, you may be able to substantially increase the value of your business.

Protect Confidential Information

Part of selling a business is revealing important confidential customer information, trade secrets, or other valuable information that demonstrates and supports the full operational value and potential of the company. However, it is always a possibility that a deal can fall through at any stage before it is finalized. To ensure your confidential information is not exposed by a potential purchaser after a failed sale, you should always limit what you reveal to a minimum. In addition, you may be able to include a confidentiality agreement as part of the letter of intent negotiations, after which you can reveal more detailed information.

Conduct Your Due Diligence

The due diligence process is most commonly associated with buyers of businesses. However, sellers must also perform due diligence to ensure they do not engage in careless selling or misrepresentations regarding the state of their company. Sellers who carelessly sell a business and cause stakeholders to lose money can face legal liability so it is important to ensure a buyer is creditworthy and the business is valued correctly.

The above are only some of many tips that business owners should consider when they are thinking about selling their companies. It is critical to discuss any additional considerations regarding your specific business with a highly experienced attorney.

Contact a Texas Business Law Attorney Today

The Weisblatt Law Firm regularly helps Houston businesses with every step of mergers and acquisitions. These are complicated transactions with a lot of money at stake, so you always need the right legal representation from the start of the process. We will evaluate your options and help maximize the success of your business. Please call today at 713-352-0847 for a free phone consultation regarding the legal needs of your company.

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CONTACT:
The Weisblatt Law Firm LLC
1800 St. James Place, Suite 105
Houston, TX 77056
Ph: (713) 877-1961
Email: adw@weisblattlaw.com
Website: http://www.weisblattlaw.com
Blog URL: http://weisblattlaw.com/tips-for-selling-your-company/




Friday, 16 February 2018

Establishing a Hedge Fund



A hedge fund can be a risky endeavor, just like any type of business enterprise. However, with the right planning and strategy for growth, a hedge fund can be supported by sound investments and accredited investors. It is important to have the advice and guidance of a highly skilled business attorney when preparing a private investment limited partnership. Our Texas firm can help from the start to set your hedge fund up for success.

Careful Planning

Thorough research of a market is imperative to develop an investment strategy prior to establishing a hedge fund. You can take many different tactics with hedge fund investment strategies, including the following:

Market-neutral strategy, in which all of an investment is offset by a short sale of the overall market

Hedged in part, in which short-selling the market offsets only part of the investment

Global macroeconomic strategy based on the interplay of economic trends and global economies

Deciding on a particular strategy requires extensive, in-depth knowledge of the particular market and should take into consideration both the experience and knowledge of the hedge fund manager and the investors’ needs.

Selecting the right business entity for a hedge fund is also critical. You need to identify the fund’s financial goals and choose an entity that best supports those objectives. Some options include:

Trusts

Limited liability companies

Limited partnerships

Each option will have different liability risks and protections for the fund, as well as different roles for the hedge fund manager within the business. For example, a limited partnership is a popular hedge fund structure in which the manager serves as a general partner and investors serve as limited partners. This makes the hedge fund manager personally liable for the fund’s debts while the investors are only liable for debts up to the amount of their investment in the hedge fund. This is only one example of your options for the business entity of your hedge fund.

Documents and Filings

The documents and filings required for your hedge fund will depend on the business structure you select. For example, a limited liability company or limited partnership require you to register with the Texas Secretary of State upon formation. You may need to obtain an Employer Identification Number from the Internal Revenue Service (IRS) and a manager may have to register with the Securities and Exchange Commission (SEC) as an investment advisor.

It may also be important to present certain documents to investors, including memorandum explaining the chosen investment strategies that can decrease liability for the hedge fund to investors. Some of these documents may be required by the SEC. You may also need corporate bylaws and advisors’ agreements that can also reduce liability risks. You should discuss all of the necessary and beneficial documents and filings with your attorney to ensure you cover all the bases.

Contact a Houston Business Law Attorney for More Information

Like any business, a successful hedge fund starts with careful planning and strategy. At The Weisblatt Firm, our legal team supports all types of businesses, including hedge funds. We understand the complexities of different enterprises and can help with all the challenges your business faces. Call today at 713-352-0847 to learn more about how we can help you.

CONTACT:
The Weisblatt Law Firm LLC
1800 St. James Place, Suite 105
Houston, TX 77056
Ph: (713) 877-1961
Email: adw@weisblattlaw.com
Website: http://www.weisblattlaw.com
Blog URL: http://weisblattlaw.com/establishing-a-hedge-fund/

Tuesday, 16 January 2018

How an Employee Handbook Can Limit Employer Liability


Employers face potential liability for any action committed by workers within the scope of employment. This opens the door to all types of claims against an employer, simply based on the actions of its employees. Employers can, however, mitigate this risk by putting a comprehensive infrastructure in place to govern acceptable employee conduct. An experienced Houston business attorney can help business owners identify those structures that will best protect their particular businesses.

Defining the Scope of Employment
Because plaintiffs can hold employers liable for actions committed within the scope of a worker’s employment, employers must clearly define the scope of employment. This is where an employee handbook can prevent liability. Employee handbooks that clearly govern job duties, acceptable conduct, and company policies can help businesses narrowly define what actions are within the scope of a worker’s employment. This is particularly important when an employee’s duties carry a high risk of liability. For example, a bouncer at a nightclub may attempt to remove a patron with physical force. If the bouncer injures the patron, the club can face liability for the actions of its bouncer. If, on the other hand, the club had an expressed, written policy that prohibited bouncers from using physical force, the club may defend itself on the grounds that the bouncer acted outside the scope of employment.

Enforcing the Scope of Employment
To fully access the protections of a written employment policy, the employer must actually enforce that policy. In the above example, the nightclub would find it difficult to claim that it didn’t allow physical force if it allowed other bouncers to use physical force to remove patrons on other occasions. The employer, then, must put processes in place to enforce written employment policies. A human resources department can prove effective at achieving this goal. A small business that cannot hire a full-time or dedicated human resources officer still needs a manager or owner accountable for enforcing employment policies. An experienced attorney can help.

When creating written employment policies, consider the areas in which your business will face the greatest liability risks. Heavy machinery, dangerous chemicals, and company vehicles are frequent sources of workplace injuries. In an office environment, businesses may face liability for sexual harassment or discrimination claims. Carefully evaluate and consider all of these risks when drafting an employee handbook.

Protect Your Company’s Assets With Comprehensive Planning
Businesses—even limited liability companies—face liability in their daily operations. Luckily, comprehensive risk management strategies and employee policies can mitigate these risks. For more than 25 years, Houston business owners have trusted attorney Andrew Weisblatt to shield them from liability. The Weisblatt Law Firm offers risk management and human resources consulting to businesses of all sizes. Call (713) 352-0847 or write us through our online contact form to schedule your free phone consultation with an experienced Texas business attorney today.

CONTACT:
The Weisblatt Law Firm LLC
1800 St. James Place, Suite 105
Houston, TX 77056
Ph: (713) 877-1961
Email: adw@weisblattlaw.com
Website: http://www.weisblattlaw.com